One basic driving rule is that you're supposed to leave enough room in front of your car to stop when the car in front of you stops suddenly. So what happens when one of them hits your vehicle? The government can only be sued "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." Helping 20 Million Americans a Year for 20 Years. You can’t sue the police for hitting your car during a police chase if 1) the police officer is using sirens and flashing lights; and 2) the officer is driving with “due regard” for the safety of others. Evan W. Walker of The Law Office of Evan W. Walker is responsible for this communication. These laws are often condensed into simple-to-read "Rules of the Road" that may be at your local DMV. If you have a valid claim, many attorneys will wait until you have settled your case to collect their fees. Police departments often have different procedures for objecting to a report. Now imagine what it's like to deal with the insurance company of a person you don’t know who hit your car. He has practiced law throughout California, Connecticut, and Louisiana. Since 2015, he has represented people with personal injury and property damage claims and insurance disputes. Managing Editor & Lawyer. The following information will help you prove fault in a car accident and ultimately strengthen your case. Don't send confidential information when you contact us. It is difficult to sue the government—federal, state, city or town, county—but it can be done. If they leave a note, or worse, escape the scene, you have to search for evidence. While it's difficult to overcome a fault determination, it's not impossible. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If there's a mistake in a police report, it can be fixed. On 2 / 20 at 3 : 30 am I woke to a police officer banging on my door . You can, however, still sue the government in a court of law. These reports often contain great evidence about liability, such as the officer's opinion that one car was speeding based on the officer's observations of the length of the skid-marks. Areas of focus include security claims against bars and other businesses, government tort claims, fire and flood claims, and inverse condemnation. Have the exact wording of the code, as it won't help you to cite a law incorrectly to an insurance company. You will be sent a letter if your administrative claim is denied. On behalf of clients, Evan has fought insurance firms, international companies, cities, bars, and casinos. Insurance companies may drag their feet about issuing car accident liability reports without first obtaining a copy of the police report. Filing a Police Report. You may, however, be able to sue the city that employs the police officer if the officer failed to drive with due regard. The email address cannot be subscribed. But the level of latitude can also differ depending on whether or not the emergency vehicle had its sirens and lights on in a way that allows the emergency crew to respond while preserving the public’s safety. Rear-end collisions are one of the most common types of accidents. But if there are facts showing that the officer drove without “due regard,” you can likely sue the city under CA … FREE! But if there are facts showing that the officer drove without “due regard,” you can likely sue the city under CA Veh Code section 17001. Most government entities give very little time in which to do this, usually between 30-180 days. What happens if a police car hits you? The officer is excused from following certain traffic rules while in pursuit if the officer is using sirens and flashing lights. If you've been injured in a car accident, consult with a local car accident attorney to learn about your legal options. Incidents involving government vehicles are governed by the Federal Tort Claims Act (FTCA). Disclaimer: This site provides general information not legal advice. Does Business Interruption Insurance Cover Covid-19? Member, La Jolla Village Merchants Association. Who do you sue? If the car going straight through the intersection is speeding or runs a red light, this may shift some or all of the liability away from the car turning left. If you are seeking compensation from the government for damages caused by one of its employees, you will likely need to file an administrative claim with the government entity (city, county, state or federal) first. FreeAdvice®, formerly a unit of Advice Company™, is now a trademark and unit of 360Quote LLC. Contact Me for a free consultation. Exchange information, take photos, file a police report, and notify your insurer. If the driver behind you couldn't stop, he or she probably wasn't driving safely. Visit our professional site », Created by FindLaw's team of legal writers and editors Caveat: this is a complicated matter with many qualifications. My son was coming home from work around 10:45 on a Monday night. Don’t miss this deadline or you may lose your right to recover for your damages. What happens when a police officer hits your car. Questions? When someone hits you and drives off, you may feel compelled to chase him in your car. Let’s talk about the city first. For example, if your brake lights were out or you had a flat tire and decided to stop in the middle of the road, you may also bear some comparative negligence which will reduce your monetary compensation. You should consult with an accident attorney to determine the strength of your case. Working with your car insurance company after an accident can be a time-consuming hassle. Effective Communication: How to Write Like a Lawyer. You should contact the department involved in your accident to learn about their procedure. Also, we don't guarantee, predict, or warrant the outcome of any specific matter. Although another driver was probably at fault, you may also be partially at fault if your negligence contributed to the accident. Contact a qualified auto accident attorney to make sure your rights are protected. Rarely, if the car started turning left while it was safe to do so, but was forced to stop because of some unforeseen circumstance, then some of the liability may be shifted. Cars coming straight into an intersection will have the right of way in most cases, making the car turning left responsible for the accident. They hit my sons car while he was turning into our driveway. That is why most men dread it.”. If you collided with a mail truck and the mail carrier was at fault, you would sue the U.S. government under the Federal Torts Claims Act because the carrier is a federal employee. A government entity enjoys protection under a doctrine known as government immunity or sovereign immunity (both terms are used interchangeably). He tells me my car which was parked legally in front of my house was hit , by another police officer . Evan W. Walker is a La Jolla attorney who has practiced law since 2008. Car Accident Insurance Claims & Adjusters, Payment for Car Accident Injuries & Damages, 6 Actions to Consider Before Pursuing a Law Degree, New Salary Threshold Will Entitle Some Salaried Employees to Overtime Pay. You are entitled to be made whole by the wrongdoer, which means to be paid for your medical expenses, associated damages, and property damage (or to have damaged property replaced). 28 U.S.C. The FTCA provides a limited waiver of the government's sovereign immunity when it's employees are negligent within the scope of their employment. Our opinions are our own. Car Accidents and Police Reports. “Liberty means responsibility. An officer will document the incident and create an official accident report, which you will typically need to have when filing your claim with your insurance company, says the Insurance Information Institute (III). Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. What to do if Someone Hits or Damages Your Parked Car. However, in dealing with government and government officials such as a police officer, a firefighter, an ambulance driver, a mail carrier, etc., you may find yourself holding the bag in the event of an accident, even if you were not in the least at fault. Use for marketing or solicitation is prohibited. They did make a dvd, that we have viewed. The rules are typically different when a real emergency is involved. In almost all car, bike, or motorcycle accidents, it's important to prove who was liable or responsible, that is: who made the mistake or was negligent. That event was bad enough but after making sure everyone is okay and getting home safely it’s now time to get busy making a claim for your damages. In places where police resources are limited, the parties often have to report the accident to the closest police station. The bottom line is that a city is liable for an officer’s negligent driving if the officer drove without “due regard.” Now a word about police officers and “due regard.”. If anyone is injured then report the accident to the police, and call an ambulance if necessary. Is Covid-19 “Physical Loss or Damage” to Property? Make a Call to the Police The threshold for proving driver responsibility and fault is significantly higher when you’re suing the government (such as proving gross negligence) than what is required in a typical accident case involving a private individual. Evan’s practice is devoted to serious personal injury claims and catastrophic property damage claims. It may seem obvious to those who were there, but proving fault in a car crash isn't always so simple for insurance companies. What are discovery sanctions in California? | Last updated January 15, 2019. The closer you can stop your car next to the scene of the accident, the better.